Congratulations to the participants in the 2019 Jenkins Honors
Moot Court Competition:
Charles Bowen
Colin (Cole) Dunn
Elizabeth Elving
Brooke Erickson
Jason Findling
Luis Gutierrez
Micaela Haggenjos
Mitchell Kiffmeyer
Peter Klepacz
Julie Leary
Marnae Mawdsley
Alison Mignon
Kieran O’Day
Kylie Owens
Darrin Pribbernow
Mikal Roberson
Jacob Rozema
Caleb Tomaszewski
Brighton Troha
Emily Turzinski
Alexander Sterling
Adam Vanderheyden
Nick Wanic
Sadie Zurfluh
The Jenkins preliminary rounds begin March 30, 2019, with the winning teams progressing through the quarterfinals, then semifinals, to the finals. The final round will take place April 11, 2019. All rounds are open to the public. Stay tuned for more information.
Correction (1/4/19): Earlier, this post said the final round was April 7, 2019; however, the correct date is April 11, 2019.
The Evil Spirits of the Modern Daily Press (Puck Magazine 1888)
On October 18, 2018, I participated in a presentation entitled “Free Speech and Originalist Jurisprudence” at the University of Wisconsin-Stout along with Professor Alan Bigel (UW-Lacrosse). The event was part of Free Speech Week sponsored by the Center for Study of Institutions and Innovation. What follows is a copy of my prepared remarks.
“In December 1783, George Washington gave a toast at a dinner celebrating the formal dissolution of the Revolutionary Army. He did not use his toast to offer a tribute to individual liberty. Nor did he sing the praises of limited government. Instead, his toast was a simple expression of what he hoped the future would bring to our new nation. He raised his glass and he said: “Competent powers to Congress for general purposes.”
I wrote that in a 2012 blog post, and I received an immediate and angry response from a lawyer who denied that George Washington ever said such a thing, and who rejected the idea that George Washington ever supported a powerful national government. This well documented historical fact did not fit within the reader’s understanding of the original intent of our U.S. Constitution — and therefore the reader simply could not believe that the quotation could be accurate.
The response of this reader reflects the fact that, for many persons, originalism is primarily a culturally expressive theory – a theory that expresses a culture that reflects conservative political views, moral traditionalism, and a tendency towards libertarianism. (Jamal Greene, Nathaniel Persily & Stephen Ansolabehere, “Profiling Originalism,” 111 COLUMBIA L. REV. 356, 400-402 (2011)).
However, originalism as a theory was not invented in order to provide a vehicle for cultural expression. Instead, the goal of originalism is to provide an interpretive method for objectively defining the meaning of the U.S. Constitution.
There is an abundant historical record supporting the conclusion that the United States Constitution was promoted by a core group of political leaders in order to strengthen the national government, and that the Constitution was understood by the people during the ratification debate to do just that.
In rejecting this historical record, the lawyer who responded to my blog post revealed that he was more devoted to his favored myth of original meaning than he was to objectively weighing the available evidence of actual meaning.
Some are calling for a stronger connection between Christianity and Christmas, concomitantly rejecting the term “Xmas” as blasphemous, deploring the substitution of “Happy Holidays” for “Merry Christmas,” and urging generally that we “put Christ back in Christmas.” Sincere religious beliefs prompt most of this campaign, but to what extent has Jesus Christ ever been the true heart of Christmas?
The Bible does not give the date of Jesus Christ’s birth, and it was not until the fourth century that the Catholic Church recognized December 25th as Jesus Christ’s birthday. Historians have suggested the day was selected to coincide with pagan winter solstice celebrations that were held in many locations throughout Europe. The solstice came at roughly the same time large numbers of cattle were slaughtered so they would not have to be fed during subsequent months. Meat was as a result plentiful, as was the wine and beer that had been started during the preceding spring and summer and had now fermented.
In some areas, the partying was raucous and drunken, comparable perhaps to the partying that occurs at Mardi Gras.